Ross

MEMORANDUM **

Alvin Ronnel Ross, a California state prisoner serving a life-term without possibility of parole, appeals pro se the district court’s summary judgment dismissing on statute of limitation grounds Ross’s 42 U.S.C. § 1983 action alleging constitutional violations arising from the defendants’ de *234 nial of his application to marry. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment and conclusion that the action was barred by the statute of limitations. Hernandez v. Spacelabs Med., Inc., 343 F.3d 1107, 1112 (9th Cir.2003). We review for abuse of discretion the district court’s conclusion that equitable tolling did not apply. Leong v. Potter, 347 F.3d 1117, 1121 (9th Cir.2003). We affirm.

The district court properly concluded that the current action was untimely because it was filed more than one year after Ross exhausted his prison grievance procedures. See Daviton v. Columbia/HCA Healthcare Corp., 241 F.3d 1131, 1135 (9th Cir.2001) (en banc) (California’s one-year statute of limitations period governs section 1983 claims). Furthermore, the district court properly concluded that the timely-filed California state…